Attorney General rules on concealed carry licenses

8/3/2019 Attorney General rules on concealed carry licenses

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STATE OF WISCONSINDepartment of Justice

ORDER ADOPTING EMERGENCY RULES

DOJ-2011-01

INTRODUCTORY CLAUSE

The State of Wisconsin Department of Justice (DOJ) proposes an order to create1

chapter Jus 17 and chapter Jus 18 relating to licenses authorizing persons to carry concealed2

weapons; concealed carry certification cards for qualified former federal law enforcement3

officers; and the certification of firearms safety and training instructors.4

______________________________________________________________________________

ANALYSIS BY THE DEPARTMENT OF JUSTICE

DOJ proposes to promulgate emergency administrative rules relating to the

implementation of DOJs statutory responsibilities under 2011 Wis. Act 35 regarding licensesauthorizing persons to carry concealed weapons, concealed carry certification cards for qualifiedformer federal law enforcement officers, and the certification of firearms safety and traininginstructors.

The emergency rules proposed here will be placed in two new chapters. The first newchapter will be designated ch. Jus 17 and will be titled Licenses to Carry a Concealed Weapon.The second new chapter will be designated ch. Jus 18 and will be titled Certification of FormerFederal Law Enforcement Officers.

The scope of these proposed rules was described in a scope statement approved by the

Governor on August 31, 2011. That scope statement anticipated that all of the proposed ruleswould be placed in a single chapter, designated ch. Jus 17. The present Order now proposes thatthe particular rules related to the certification of former federal law enforcement officers insteadbe placed in a separate chapter, designated ch. Jus 18. This separation is proposed for thepurpose of improving the clarity of the rules. The overall scope of all of the proposed rules,howeverincluding those now slated for placement in ch. Jus 18was described in thepreviously approved scope statement and remains unchanged.


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In addition to the rules proposed in this Order, the new chapter ch. Jus 17 will alsocontain another rulebeing separately promulgated by DOJthat designates those states thatissue a permit, license, approval, or other authorization to carry a concealed weapon that isentitled to recognition in Wisconsin under s. 175.60(1)(f), Stats.

Statutes interpreted: ss. 175.49(3)-(4) and 175.60, Stats.

Statutory authority: ss. 175.60(7), 175.60(14g), 175.60(15)(b), 227.11(2)(a), Stats.

Explanation of statutory authority:

A. Section 175.60(7), Stats.

Those portions of the proposed rules that will establish the amount of the fee to becharged for a concealed carry license are expressly and specifically authorized and required bys. 175.60(7), Stats., which provides:

SUBMISSION OF APPLICATION. An individual may apply for a license underthis section with the department by submitting, by mail or other means madeavailable by the department, to the department all of the following:(c) A license fee in an amount, as determined by the department by rule, that isequal to the cost of issuing the license but does not exceed $37. The departmentshall determine the costs of issuing a license by using a 5year planning period.

B. Section 175.60(14g), Stats.

Those portions of the proposed rules that will establish procedures for the administrativereview by DOJ of any denial, suspension, or revocation of a license are expressly andspecifically authorized by s. 175.60(14g), Stats., which provides:

DEPARTMENTAL REVIEW. The department shall promulgate rules providingfor the review of any action by the department denying an application for, orsuspending or revoking, a license under this section.

C. Section 175.60(15)(b), Stats.

Those portions of the proposed rules that will establish the amount of the fee to becharged for the renewal of a concealed carry license are expressly and specifically authorized bys. 175.60(15)(b), Stats., which provides:

The department shall renew the license if, no later than 90 days after theexpiration date of the license, the licensee does all of the following:4. Pays all of the following:


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a. A renewal fee in an amount, as determined by the department by rule, that isequal to the cost of renewing the license but does not exceed $12. The departmentshall determine the costs of renewing a license by using a 5year planning period.

D. Section 227.11(2)(a), Stats.

Those portions of the proposed rules that are not specifically authorized by ss. 175.60(7),(14g), and (15)(b), Stats., as described above, are authorized by s. 227.11(2)(a), Stats., whichprovides:

(2) Rule-making authority is expressly conferred as follows:

(a) Each agency may promulgate rules interpreting the provisions of any statuteenforced or administered by the agency, if the agency considers it necessary toeffectuate the purpose of the statute, but a rule is not valid if the rule exceeds thebounds of correct interpretation. All of the following apply to the promulgation of

a rule interpreting the provisions of a statute enforced or administered by anagency:

1. A statutory or nonstatutory provision containing a statement or declaration oflegislative intent, purpose, findings, or policy does not confer rule-makingauthority on the agency or augment the agency's rule-making authority beyondthe rule-making authority that is explicitly conferred on the agency by thelegislature.

2. A statutory provision describing the agency's general powers or duties does notconfer rule-making authority on the agency or augment the agency's rule-makingauthority beyond the rule-making authority that is explicitly conferred on theagency by the legislature.

3. A statutory provision containing a specific standard, requirement, or thresholddoes not confer on the agency the authority to promulgate, enforce, or administera rule that contains a standard, requirement, or threshold that is more restrictivethan the standard, requirement, or threshold contained in the statutory provision.

This statute expressly confers on DOJ the general power to determine whetheradministrative rules interpreting those statutory provisions in 2011 Wis. Act 35 that are to beenforced or administered by DOJ are necessary to effectuate the purpose of those statutoryprovisions and, if such necessity is found, to promulgate such administrative rules, as long asthose rules do not exceed the bounds of correct interpretation of the governing statutes.

DOJ finds that the rules here proposed are necessary to effectuate those portions ofss. 175.49 and 175.60 that require DOJ to establish and operate procedures governing:

the issuance of concealed carry licenses to qualified applicants, including verificationthat each applicant has satisfied the applicable statutory training requirements, has


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passed the mandatory background check, and has met all of the other statutoryeligibility requirements for a license;

the issuance of concealed carry certification cards to qualified former federal lawenforcement officers residing in Wisconsin, including verification that each applicant

has satisfied the applicable firearms certification requirements, has passed themandatory background check, and has met all of the other statutory eligibilityrequirements for certification;

the administration of concealed carry licenses and certifications that have been issuedby DOJ, including the maintenance and treatment of records; the receipt andprocessing of information from courts about individuals subject to a court-imposeddisqualification from possessing a dangerous weapon; the renewal of licenses andcertifications and the replacement of those that are lost, stolen, or destroyed; theprocessing of address changes or name changes for licenses and certifications;procedures and standards for revoking or suspending a license or certification;procedures for the administrative review by DOJ of any denial, suspension, orrevocation of a license or certification; and procedures governing DOJs cooperation

with courts and law enforcement agencies in relation to emergency licenses issued bya court; and

the qualification and certification of firearms instructors by DOJ and theidentification of those firearms instructors who are certified by a national or stateorganization.

DOJ further finds that the rules here proposed:

do not exceed the bounds of correct interpretation of ss. 175.49 or 175.60; are authorized by the statutes described above and are not based on authority derived

from any other statutory or nonstatutory statements or declarations of legislativeintent, purpose, findings, or policy;

are authorized as necessary interpretations of the specific requirements of ss. 175.49and 175.60 and are not based on authority derived from any other general powers orduties of DOJ; and

do not impose any standards or requirements that are more restrictive than thestandards and requirements contained in ss. 175.49 and 175.60.

For these reasons, those portions of the proposed rules that are not specifically authorizedby ss. 175.60(7), (14g), and (15)(b), Stats., are authorized by s. 227.11(2)(a), Stats.

Related statutes or rules: Prior to the enactment of 2011 Wis. Act 35, Wisconsinstatutes and administrative rules contained no provisions for licenses authorizing members of thegeneral public to carry concealed weapons, no provisions for state certification of instructors toteach firearms safety and training to the general public, and no provisions for state issuance of


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firearm certification cards for qualified former federal law enforcement officers. The rulesproposed in the present Order are the first to address these subjects and there are thus no otherrelated statutes or rules at the present time.

Plain language analysis: In 2011 Wisconsin Act 35, the state of Wisconsin established a

new system under which DOJ is required to issue licenses authorizing eligible Wisconsinresidents to carry concealed weapons in Wisconsin and to certify firearms safety and traininginstructors. The legislation also authorizes DOJ to issue concealed carry certification cards toqualified former federal law enforcement officers who reside in Wisconsin. The proposed rulescarry into effect the legislative directives set forth in Act 35. In a few areas, the proposed rulesgive substance to undefined statutory terms and supply standards needed to ensure that licensesand certification cards are issued only to eligible individuals and that all applicants and licenseesare properly identified at all times. Such rules are specifically intended to carry out thelegislative intent of Act 35.

The proposed emergency rules cover four subject areas:

First, the proposed rules govern the issuance of concealed carry licenses to qualifiedapplicants by DOJ pursuant to s. 175.60, Stats. These rules govern all aspects of the licensingprocess and describe the procedures and standards under which DOJ will process applications,collect fees, and verify that each license applicant meets all of the license eligibility requirementsunder s. 175.60(3), Stats., including procedures and standards for certifying that an applicant hassatisfied the applicable statutory training requirements and procedures for conducting thestatutorily required background check of each applicant to determine whether the applicant isprohibited from possessing a firearm under state or federal law.

Some of the standards supplied by these rules give substantive content to such undefinedstatutory terms as firearms safety or training course and national or state organization thatcertifies firearms instructors. Such standards are necessary to carry out the legislative purposesof ensuring that all licensees have been trained in firearms and firearms safety and of ensuringthat all certified firearms instructors have demonstrated the ability and knowledge required forproviding training in firearms and firearms safety.

Similarly, the proposed rules specify the types of information that must be included in atraining certificate or affidavit in order for DOJ to find that certificate or affidavit to be sufficientto satisfy the training documentation requirements in s. 175.60(4)(a), Stats. Such specification isnecessary to give substantive content to the statutory documentation requirements so as to carryout the legislative purpose of ensuring that every successful applicant for a concealed carrylicense has adequately demonstrated completion of at least one of the forms of statutorilyrequired training.

Second, the proposed rules govern the administration of concealed carry licenses thathave been issued by DOJ. These rules cover: the maintenance and treatment of licensingrecords by DOJ; the receipt and processing by DOJ of information from courts regardingindividuals subject to a court-imposed disqualification from possessing a dangerous weapon;procedures for renewing a license and replacing a license that is lost, stolen, or destroyed;


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procedures for processing address changes and for issuing a new concealed carry license orcertification card to an individual who changes his or her name; procedures and standards forrevoking or suspending a license; procedures for the administrative review by DOJ of any denial,suspension, or revocation of a license; and procedures governing DOJs cooperation with courtsand law enforcement agencies in relation to emergency concealed carry licenses issued by a

court pursuant to s. 175.60(9r). The rules for administrative review of a denial, suspension, orrevocation of a license include procedures for conducting fingerprint checks to verify the identityof any applicant who has been found to be ineligible based on a background check.

Third, the rules govern the procedures and standards under which DOJ will issueconcealed carry certification cards to qualified former federal law enforcement officers pursuantto s. 175.49(3), Stats. These rules govern all aspects of the certification process for formerfederal officers who reside in Wisconsin and describe the procedures and standards under whichDOJ will process applications, collect fees, and verify that each applicant meets all of thecertification eligibility requirements under s. 175.49(3)(b), Stats., including procedures andstandards for certifying that an applicant has satisfied the firearm qualification requirement under

s. 175.49(3)(b)5., Stats., and procedures for conducting the statutorily required backgroundcheck of each applicant to determine whether the applicant is prohibited from possessing afirearm under federal law.

These rules also cover: the maintenance and treatment of certification records by DOJ;procedures for renewing a certification card and replacing a card that is lost, stolen, or destroyed;procedures for processing address changes or name changes by a certified former federal officer;procedures and standards for revoking or suspending a certification; and procedures for theadministrative review by DOJ of any denial, suspension, or revocation of a certification. Theadministrative review procedure includes procedures for checking fingerprints to verify theidentity of any certification applicant who has been found to be ineligible based on a backgroundcheck.

Fourth, the proposed rules govern the procedures and standards for the qualification andcertification of firearms instructors by DOJ under s. 175.60(4)(b), Stats., and provide a definitionidentifying those firearms instructors who are certified by a national or state organization, asprovided in s. 175.60(4)(a), Stats.

Summary of, and comparison with, existing or proposed federal regulation : Forpersons other than current and former law enforcement officers, the regulation of the carrying ofconcealed weapons is primarily governed at the state level. Numerous federal statutes andregulations restrict the possession of weapons that have been shipped in interstate commerce, butthere are no federal regulations that relate to the licensing of concealed carry by such persons,nor are there federal regulations governing the certification of firearms instructors for concealedcarry purposes.


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For qualified current and former law enforcement officers, state and local laws restrictingthe carrying of concealed firearms are federally preempted by 18 U.S.C. 926B-926C(commonly referred to as H.R. 218). The provisions in 2011 Wis. Act 35 related to qualifiedcurrent and former law enforcement officers are state-law codifications of the corresponding

provisions in H.R. 218. Similarly, the rules proposed here governing procedures and standardsfor the issuance and administration of concealed carry certification cards for qualified formerfederal law enforcement officers also codify corresponding provisions in the federal law.

Comparison with rules in adjacent states:

A. Iowa

Iowa provides by statute that any person who meets specified eligibility and trainingrequirements and who files a proper application shall be issued a nonprofessional permit to carryweapons. Iowa Code 724.7(1). The information to be included on the application form is

prescribed by statute. Iowa Code 724.10(1).

Iowa statutes specify a variety of methods by which a license applicant may demonstratethe requisite knowledge of firearms safety. Iowa Code 724.9(1). Satisfaction of any of thesemethods may be documented by submitting: (1) a copy of a certificate of completion or similardocument for a course or class that meets the statutory requirements; (2) an affidavit from theinstructor or organization conducting such a course or class that attests that the applicant hascompleted the course or class; or (3) a copy of any document indicating participation in afirearms shooting competition. Iowas administrative rules give these requirements additionalsubstantive content through definitions of firearm training and documentation and firearmtraining program. Iowa Admin. Code 661.91.1(724).

Upon receipt of a completed application, the commissioner of public safety is required toconduct a criminal background check to determine whether the applicant is statutorily eligiblefor a permit. Iowa Code 724.10(2); Iowa Admin. Code 661-91.5(724)(1). The commissionermust approve or deny a permit application within 30 days. Iowa Admin. Code 661-91.5(724)(2). Denial decisions must be issued in writing, with reasons. Iowa Admin.Code 661-91.5(724)(4). If a permit holder is arrested for a disqualifying offense, thecommissioner may immediately suspend the permit and immediately notify the holder in writing.Iowa Admin. Code 661-91.6(724)(1). If the arrest results in a disqualifying conviction, thepermit is revoked. Iowa Adm. Code 661-91.6(724)(4). If there is no conviction, the permit isreinstated. Iowa Adm. Code 661-91.6(724)(3). Iowas administrative rules provide anadministrative hearing procedure for appealing the denial, suspension, or revocation of aprofessional weapons permit, but do not expressly provide an appeal procedure for anon-professional permit.

B. Minnesota

Minnesota provides by statute that any person who meets specified eligibility and trainingrequirements and who files a proper application shall be issued a permit to carry a pistol. Minn.


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Stat. 624.714(2). Applications are made to the sheriff of the county in which the applicantresides. Minn. Stat. 624.714(2). The information to be included on the application form isprescribed by statute. Minn. Stat. 624.714(3). A permit applicant must have received trainingin the safe use of a pistol within one year prior to the application. Minn. Stat. 624.714(2a)(a).To establish such training, an applicant must submit a copy of a certificate signed by the training

instructor and attesting that the applicant attended and completed the training. Minn. Stat. 624.714(3)(c)(2).

Upon receiving a permit application, the sheriff is required to conduct a criminalbackground check to determine whether the applicant is statutorily eligible for a permit. Minn.Stat. 624.714(4). The sheriff must approve or deny a permit application within 30 days. Minn.Stat. 624.714(6). A denied applicant is given the right to submit additional information and thesheriff then has 15 days to reconsider the denial. Minn. Stat. 624.714(6)(b). All denialdecisions must be issued in writing, with reasons, including the factual basis for the denial.Minn. Stat. 624.714(6)(b). A permit is void any time the holder becomes legally prohibitedfrom possessing a firearm. Minn. Stat. 624.714(8)(a). If the sheriff has knowledge that a

permit is void, the sheriff must give written notice to the holder, who must return the permit.Minn. Stat. 624.714(8)(a). If a permit holder is convicted of a disqualifying offense, theconvicting court must take possession of the permit and send it to the issuing sheriff. Minn. Stat. 624.714(8)(b). A decision denying or revoking a permit may be appealed to the district courtof the jurisdiction in which the permit application was submitted. The appeal is heard by thecourt de novo without a jury. Minn. Stat. 624.714(12).

C. Michigan

Michigan provides by statute that any person who meets specified eligibility and trainingrequirements and who files a proper application shall be issued a license to carry a concealedpistol. Mich. Comp. Laws 28.425b(7). Applications are made to the concealed weaponlicensing board of the county in which the applicant resides. Mich. Comp. Laws 28.425b(1).The information to be included on the application form is prescribed by statute. Mich. Comp.Laws 28.425b(1).

A license applicant must demonstrate knowledge and training in the safe use andhandling of a pistol by successfully completing a pistol safety training program that meetsstatutorily prescribed requirements. Mich. Comp. Laws 28.425b(7)(c). The training programmust consist of at least eight hours of instruction, must cover specified subject areas, mustinclude at least three hours on a firing range, must require firing at least 30 rounds ofammunition, and must be taught by an instructor certified by the state or by a nationalorganization. Mich. Comp. Laws 28.425j(1). The training program must provide aninstructor-signed certificate indicating that the program meets the statutory requirements and wassuccessfully completed by the license applicant and the applicant must include a copy of thatcertificate with the license application. Mich. Comp. Laws 28.425b(1)(j) and 28.425j(1)(c).

After submitting an application, an applicant is statutorily required to submit a fingerprintcard to the state police. Mich. Comp. Laws 28.425b(9)-(10). The fingerprints are sent to theFBI and checked against state police records. Mich. Comp. Laws 28.425b(10). Within 10


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days after receiving fingerprint comparison results from the FBI, the state police must provide afingerprint report to the appropriate county concealed weapon licensing board. Mich. Comp.Laws 28.425b(10). The licensing board must grant or deny a license within 45 days afterreceiving the fingerprint report, except that if the state police do not send a fingerprint report tothe licensing board within 60 days after results are received from the FBI, then the licensing

board shall issue the applicant a temporary license which is valid for 180 days. Mich. Comp.Laws 28.425b(13)-(14).

License denial decisions must be issued in writing with reasons and supporting facts.Mich. Comp. Laws 28.425b(13). Denial decisions may be appealed to the circuit court of the jurisdiction in which the applicant resides. Mich. Comp. Laws 28.425d(1). Court review isbased on the written record of the application proceeding, except in cases in which adetermination has been made that the applicant is a safety risk, in which case there is a hearingde novo before the court. Mich. Comp. Laws 28.425d(1).

If a license holder is charged with a disqualifying criminal offense, the prosecuting

attorney must promptly notify the county licensing board. Mich. Comp. Laws 28.425m. Theprosecutor must also notify the board of the subsequent disposition of the charge. Mich. Comp.Laws 28.425m. Upon receiving notice that a licensee has been charged with a disqualifyingoffense, a licensing board must immediately suspend the persons license until there is a final

disposition of the charge. Mich. Comp. Laws 28.428(3). The licensee must be given writtennotice of the suspension and may request a prompt administrative hearing on the suspension.Mich. Comp. Laws 28.428(3). If the licensing board determines that a licensee is no longereligible for a license, the license shall be revoked. Mich. Comp. Laws 28.428(4).

D. Illinois

Illinois does not issue licenses for the carrying of concealed weapons.

Summary of factual data and analytical methodologies: The proposed rules arepredicated on legal analysis by DOJ staff of the language and requirements of Act 35. Based onthat analysis, DOJ has determined that the proposed rules are necessary for DOJ to carry out itsresponsibilities under Act 35.

Analysis and supporting documents used to determine effect on small business or in

preparation of economic impact report: The proposed rules do not impose any financial orcompliance burdens that will have a significant effect on small businesses or a significanteconomic impact. Accordingly, DOJ has determined that the gathering and analysis ofadditional data regarding any such effects or impact is unnecessary.

Effect on small business: The proposed rules do not have a significant effect on smallbusiness.

Agency contact person: Assistant Attorney General Clayton P. Kawski, WisconsinDepartment of Justice, 17 West Main Street, P.O. Box 7857, Madison, Wisconsin 53707-7857;phone: (608) 266-7477; email:[email protected].
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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Place where comments are to be submitted and deadline for submission : Commentsmay be submitted to the contact person shown above no later than one week after the publichearing on these emergency rules is conducted. Information as to the date, location, and time ofthe public hearing will be published in the Wisconsin Administrative Register.

______________________________________________________________________________

FINDING OF EMERGENCY

Under section 101 of 2011 Wis. Act 35, most of the provisions of that Actincluding the5

provisions governing the licensing and certification processes covered by the rules proposed here6

and the provisions authorizing the carrying of a concealed weapon by the holder of a license, an7

out-of-state license, or a certification cardwill have an effective date of November 1, 2011. In8

particular, s. 175.60(9), Stats., will require DOJ to begin receiving and processing license9

applications and issuing or denying licenses as soon as that provision takes effect on10

November 1, 2011. The Legislature has thus determined that the public welfare requires the11

licensing system to take effect on November 1, 2011.12

DOJ cannot comply with the requirements of s. 175.60(9), Stats., and related statutory13

requirements until it has in effect administrative rules establishing the procedures and standards14

that will govern DOJs enforcement and administration of those requirements. It follows that, in15

order for DOJ to meet its statutory duties that take effect on November 1, 2011, it must complete16

the promulgation of such administrative rules prior to that date.17

Under the non-emergency rulemaking procedures of ch. 227, Stats., before the proposed18

rules could be promulgated, numerous notice, hearing, and publication requirements would have19

to be fulfilledincluding, but not limited to a public hearing on the proposed rules, preparation20

of a detailed report including a summary of public comments and DOJs responses to those21

comments, and legislative review of the proposed rules. DOJ has determined that it is22

impossible for all of the required steps in that non-emergency rulemaking process to be23


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completed by November 1, 2011. Only if DOJ utilizes the emergency rulemaking procedures of24

s. 227.24, Stats., can the requisite rules be promulgated and in effect in time for DOJ to meet its25

statutory duties that take effect on November 1, 2011. The public welfare thus necessitates that26

the proposed rules be promulgated as emergency rules under s. 227.24, Stats. Once the proposed27

emergency rules have been promulgated, DOJ will promptly follow up with the promulgation of28

a permanent version of the rules under the full rulemaking procedures.29

TEXT OF THE PROPOSED RULES

SECTION 1. Chapter Jus 17 is created and titled:30

CHAPTER JUS 17: LICENSES TO CARRY CONCEALED WEAPONS31

SECTION 2. Jus 17.01 is created to read:32

Jus 17.01 Purpose. The purpose of this chapter is to establish standards and33

procedures, as required under s. 175.60, Stats., for the issuance and administration of licenses34

authorizing persons to carry concealed weapons, the review of licensing decisions by the35

department, and the certification of firearms safety and training instructors.36


Jus 17.02 Applicability.38

(1) Except as provided in sub. (2), this chapter applies to the issuance and administration39

of all licenses to carry concealed weapons issued by the department pursuant to s. 175.60, Stats.40

(2) This chapter does not apply to any of the following:41

(a) Certification of former law enforcement officers to carry concealed weapons42

pursuant to s. 175.49(2), Stats.43


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(8) Firearms safety or training course means a course that is reasonably calculated67

to instruct, practice, and test the students comprehension and application of firearm safety rules68

and safe firearm handling, that includes at least four hours of instructor-led training, and that69

provides a certificate or affidavit of successful completion that satisfies the content requirements70

of s. Jus 17.05(2).71

(9) Instructor-led means training that is conducted face-to-face in which instructors72

actively guide students through each lesson, answer questions, facilitate discussion, and provide73

feedback on activities and/or assignments. Learner-led or self-directed learningthe delivery of74

learning experiences to independent learners who lead and manage their own experience,75

delivered via web pages, multimedia presentations, computer applications, online presentations,76

or similar methodsis not instructor-led.77

(10) Law enforcement agency has the meaning given in s. 165.83(1), Stats.78

(11) License number means the unique identification number the department assigns79

to a licensee pursuant to s. 175.60(2m)(b)6., Stats., when it issues a license.80

(12) Licensee means a person who has been issued a license to carry a concealed81

weapon under s. 175.60, Stats.82

(13) National or state organization that certifies firearms instructors means any83

association, partnership, corporation, or limited liability company that is registered, certified, or84

has an appointed agent on file with the department of financial institutions or has equivalent85

legal recognition in another state; that requires firearms instructors to successfully complete86

instructor training of at least eight hours in length; and that requires instructors to demonstrate87

the ability and knowledge required for providing firearms safety and training.88


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(14) NICS means the National Instant Criminal Background Check System of the89

FBI.90

(15) Non-approval number means the unique number the department assigns to an91

applicant pursuant to s. 175.60(9g)(a)3.a., Stats., when a completed background check on the92

applicant indicates that s. 175.60(b), (c), (d), or (e), Stats., applies to the applicant.93

(16) Record means the records associated with a licensee or applicant that are94

available for the department to search when conducting a background check pursuant to95

s. 175.60(9g), Stats., including court records, state criminal history records, and national criminal96

history records maintained by the FBI, including but not limited to NICS records.97

(17) Search means a systematic inspection by the department of the record of an98

applicant or licensee.99

(18) Weapon has the meaning given in s. 175.60(1)(j), Stats.100


Jus 17.04 Application procedures for concealed weapon licenses.102

(1) When the department receives an application for a license to carry concealed103

weapons under s. 175.60(7), Stats., the department shall do the following in the sequence listed:104

(a) Review the application for completeness. An application is complete when the105

department has received all of the items, including fees, listed in s. 175.60(7)(a)-(e), Stats. If an106

application is complete, the department shall proceed under par. (b). If an application is107

incomplete, the department shall reject it and shall send written notice of the rejection to the108

applicant at the residence address provided by the applicant in the application form. The notice109

of rejection shall explain why the application was found to be incomplete and what must be110

submitted to complete the application.111


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(b) Confirm that the state identification card number submitted by the applicant112

corresponds to a drivers license or state identification card that is current and valid, as defined in113

s. Jus 17.03(5). If the applicants drivers license or state identification card is current and valid,114

the department shall proceed under par. (c). If the applicants drivers license or state115

identification card is not current and valid, the department shall deny the application and proceed116

under sub. (2).117

(c) Review the application for eligibility under s. 175.60(3)(a) and (f), Stats. If the118

applicant is at least 21 years of age and is a Wisconsin resident, the department shall proceed119

under par. (d). If the applicant is less than 21 years of age or is not a Wisconsin resident, the120

department shall deny the application and proceed under sub. (2).121

(d) Review the proof of training submitted by the applicant for compliance with the122

requirements of s. 175.60(4)(a), Stats., and s. Jus 17.05. If the proof of training meets all of123

those requirements, the department shall proceed under par. (e). If the proof of training fails to124

meet any of those requirements, the department shall deny the application and proceed under125

sub. (2).126

(e) Enter the application data into the departments license record keeping system,127

assign the applicant a confirmation number, and proceed under par. (f).128

(f) Conduct a background check of the applicant pursuant to s. 175.60(9g), Stats., for129

the purpose of determining whether issuance of a license to the applicant is prohibited under130

s. 175.60(3)(b), (c), (d), or (e), Stats. If issuance of a license is not prohibited under131

s. 175.60(3)(b), (c), (d), or (e), Stats., the department shall issue the license, assign a license132

number to the licensee, and promptly send the license document to the licensee by 1st class mail.133


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If issuance of a license is prohibited under s. 175.60(3)(b), (c), (d), or (e), Stats., the department134

shall deny the application and proceed under sub. (2).135

(2) If an application is denied under sub. (1)(b), (c), (d), or (f), the department shall136

inform the applicant in writing of the denial. The notice of denial shall state the reasons and137

factual basis for the denial decision and shall be accompanied by a copy of any background138

check records supporting the denial. The notice of denial shall also advise the applicant of the139

right to seek administrative review of the denial decision under s. Jus 17.09 or judicial review140

under s. 175.60(14m), Stats. The notice of denial shall be sent to the applicant by a method of141

shipment that provides confirmation of delivery, including the date of delivery.142


Jus 17.05 Training and documentation requirements.144

(1) The following forms of documentation shall be accepted by the department as145

adequate proof of training sufficient to satisfy the training requirements of s. 175.60(4)(a), Stats.,146

and of this section:147

(a) A certificate or affidavit documenting that the applicant has successfully148

completed the department of natural resources hunter education program or a substantially149

similar program that is established by another state, country, or province and is recognized by the150

department of natural resources.151

(b) A certificate or affidavit documenting that the applicant has successfully152

completed a firearms safety or training course conducted by a national or state organization that153

certifies firearms instructors. The certificate or affidavit must satisfy the content requirements of154

sub. (2) and must affirm that the organization that conducted the course is an organization that155

certifies firearms instructors.156


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(c) A certificate or affidavit documenting that the applicant has successfully157

completed a firearms safety or training course that is available to the public and offered by a law158

enforcement agency. The certificate or affidavit must satisfy the content requirements of sub. (2)159

and must affirm that the course is one that is available to the public.160

(d) A certificate or affidavit documenting that the applicant has successfully161

completed a firearms safety or training course that is available to the public and offered by a162

technical college, college, university, private or public institution or organization, or firearms163

training school. The certificate or affidavit must satisfy the content requirements of sub. (2),164

must affirm that the course was taught by an instructor who is certified either by the department165

or by a national or state organization that certifies firearms instructors, and must identify the166

certifying organization by name.167

(e) A certificate or affidavit documenting that the applicant has successfully168

completed a firearms training course that is offered to law enforcement officers and is certified169

by the law enforcement standards board or a certificate from an agency of another state170

documenting that the applicant has successfully completed substantially equivalent training.171

The certificate or affidavit must satisfy the content requirements of sub. (2) except that,172

notwithstanding the requirements of sub. (2), a copy of an educational transcript of the applicant173

showing successful completion of the requisite training shall suffice to satisfy this requirement.174

(f) A certificate or affidavit documenting that the applicant has successfully175

completed a firearms training course that is offered to owners and employees of private detective176

and security agencies licensed by the department of safety and professional services under177

s. 440.26, Stats., or a certificate from an agency of another state documenting that the applicant178


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has successfully completed substantially equivalent training. The certificate or affidavit must179

satisfy the content requirements of sub. (2).180

(g) A certificate or affidavit documenting that the applicant has successfully181

completed a firearms safety or training course that is conducted by an instructor who is certified182

either by the department or by a national or state organization that certifies firearms instructors.183

The certificate or affidavit must satisfy the content requirements of sub. (2), must affirm that the184

instructor is certified either by the department or by a national or state organization that certifies185

firearms instructors, and must identify the certifying organization by name.186

(h) A copy of a current or expired license held by the applicant indicating that the187

applicant is or has been licensed to carry a firearm in this state, in another state, or in a county or188

municipality of this state or of another state, provided that the current or expired license has not189

been revoked for cause. The copy of the current or expired license must be accompanied by the190

applicants signed affirmation that the current or expired license has not been revoked for cause.191

This affirmation shall be submitted on an affirmation form that shall be prepared by the192

department and made available to the public on the departments Internet site.193

(i) A copy of a DD Form 214, Certificate of Release or Discharge from Active194

Duty, issued by the United States Department of Defense, showing that the applicant has195

received an honorable discharge or a general discharge under honorable conditions from the196

United States armed forces, reserves, or national guard after completion of basic training or a197

certificate of completion of basic training with a service record of successful completion of small198

arms training and certification.199

(2) Except as otherwise provided in sub. (1), for purposes of satisfying the200

requirements of sub. (1)(b), (c), (d), (e), (f), or (g), a certificate or affidavit documenting that the201


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applicant has successfully completed a firearms safety or training course must include all of the202

following information:203

(a) The applicants name.204

(b) The name of the firearms safety or training course.205

(c) The length in hours of the firearms safety or training course.206

(d) The date on which the applicant completed the firearms safety or training course.207

(e) The city and state in which the applicant completed the firearms safety or training208

course.209

(f) The name, address, and telephone number of the person or entity responsible for210

the firearms safety or training course. This may be an individual instructor, a national or state211

organization, a law enforcement agency, an educational institution, a firearms training school, or212

another public or private institution or organization.213

(g) The name of the instructor who taught the firearms safety or training course to the214

applicant and the name of the agency or organization that certified the instructor.215

(h) A signed statement by the instructor who taught the firearms safety or training216

course to the applicant affirming that the course satisfied the definition of a firearms safety or217

training course in s. Jus 17.03(8) and that the applicant successfully completed the course. An218

affirmation that the applicant merely attended the course is not sufficient to satisfy this219

requirement.220

(3) The department shall prepare and make available to the public on its Internet site221

a model training certificate that provides for the information required under sub. (2).222

(4) The department shall prepare a training curriculum for a firearms safety or223

training course, as that term is defined in s. Jus 17.03(8), and shall make that curriculum224


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available for the use of firearms instructors who are certified by the department pursuant to225

s. Jus 17.06. Instructors who are not certified by the department may use that curriculum in226

preparing and conducting their own courses, but they shall not represent themselves or their227

courses as certified or approved by the department.228


Jus 17.06 Firearms instructors certified by the department.230

(1) An individual shall be certified by the department as a firearms instructor for231

purposes of s. 175.60(4)(b)1., Stats., if the individual is certified as a law enforcement firearms232

instructor by the law enforcement standards board and the individual is eligible to carry a233

concealed weapon under s. 175.60(3), Stats. The individuals certification by the department234

under s. 175.60(4)(b)1., Stats., shall be in effect only when the individuals ce rtification by the235

law enforcement standards board is in effect. Renewal of an individuals instructor certification236

by the law enforcement standards board shall automatically renew the individuals certification237

under this section.238

(2) If a firearms instructor certified by the department under sub. (1) at any time239

becomes ineligible to carry a concealed weapon under s. 175.60(3), Stats., the instructor shall,240

within 48 hours, notify the departments training and standards bureau of the circumstances241

giving rise to the ineligibility. The training and standards bureau shall immediately suspend the242

instructors certification under sub. (1) and shall provide notice of that suspension to the243

departments crime information bureau. The suspension shall remain in effect for as long as the244

individual remains ineligible to carry a concealed weapon under s. 175.60(3), Stats.245

(3) A firearms instructor certified by the department under sub. (1), when teaching a246

firearms safety or training course under the authority of that certification, shall use the training247


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curriculum provided by the department pursuant to s. Jus 17.05(4) and a training certificate in a248

form approved and supplied by the department.249


Jus 17.07 License revocation or suspension.251

(1) Upon receiving a notice about an individual pursuant to s. 175.60(11)(a), Stats.,252

the department shall immediately check its computerized license records to determine if the253

individual who is the subject of the notice is a licensee. If the individual is found to be a254

licensee, the department shall determine whether revocation or suspension of the individuals255

license is required under s. 175.60(14)(a) or (am), Stats., and shall revoke or suspend the license256

as required.257

(2)(a) If the department at any time revokes or suspends a license under s. 175.60(14)(a)258

or (am), Stats., the department, within one day, shall send to the individual written notice of the259

revocation or suspension. The notice shall include a statement of the reasons and factual basis260

for the revocation or suspension and shall be accompanied by a copy of any pertinent records261

supporting the revocation or suspension. The notice shall also advise the individual of the right262

to seek administrative review of the revocation or suspension under s. Jus 17.09 or judicial263

review under s. 175.60(14m), Stats. The notice shall be sent to the individual by a method of264

shipment that provides confirmation of delivery, including the date of delivery.265

(b) Any notice of a suspension of a license pursuant to s. 175.60(14)(am), Stats., shall266

also include a statement that if the licensee, at any time, ceases to be subject to the prohibition267

underlying the suspension, the licensee may submit to the department authenticated268

documentation establishing that fact.269


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(3) Any notice of revocation or suspension issued by the department under sub. (2)270

shall instruct the individual whose license has been revoked or suspended to do one of the271

following within 7 days:272

(a) Deliver the revoked or suspended license document to the department either273

personally or by certified mail.274

(b) Mail to the department a signed statement indicating that the individual no longer275

has possession of the revoked or suspended license document and explaining the reasons why he276

or she no longer has possession.277

(4) Any suspension or revocation of a license under s. 175.60(14)(a) or (am), Stats.,278

shall take effect on the date when the individual whose license has been revoked or suspended279

receives the notice of revocation or suspension under sub. (2).280

(5) If the department receives information, pursuant to sub. (2)(b) or by other means,281

establishing that an individual whose license has been suspended under s. 175.60(14)(am) is no282

longer subject to the prohibition underlying that suspension, the department shall, within 5283

business days of receiving that information, do the following in the sequence listed:284

(a) Determine whether the suspended license has expired under s. 175.60(15)(a),285

Stats. If the suspended license has not expired, the department shall proceed under par. (b). If286

the suspended license has expired, the department shall notify the individual that the suspended287

license cannot be reinstated unless the individual first complies with the license renewal288

requirements of s. 175.60(15), Stats.289

(b) Conduct a background check of the individual for the purpose of determining290

whether reinstatement of the suspended license is prohibited under s. 175.60(3)(b), (c), (d), or291

(e), Stats. If reinstatement of the suspended license is not prohibited, the department shall292


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proceed under par. (c). If reinstatement of the suspended license is prohibited, the department293

shall notify the individual in writing of the reason why the suspended license cannot be294

reinstated and shall include a copy of any background check records supporting the denial of295

reinstatement. Notice of a denial of reinstatement shall also advise the applicant of the right to296

seek administrative review under s. Jus 17.09 or judicial review under s. 175.60(14m), Stats., and297

shall be sent to the applicant by a method of shipment that provides confirmation of delivery,298

including the date of delivery.299

(c) Reinstate the suspended license and mail to the individual written notification of300

that reinstatement. If the individual has previously delivered the suspended license document to301

the department pursuant to sub. (3)(a), the department shall also promptly return the reinstated302

license document to the individual by 1st class mail.303

(6) If an individual whose concealed carry license has been properly revoked by the304

department pursuant to s. 175.60(14)(a), Stats., wishes to again carry a concealed weapon305

pursuant to s. 175.60, Stats., the individual must apply for a new license pursuant to s. Jus 17.04306

and must satisfy all requirements of that section, including the payment of all applicable fees.307


Jus 17.08 Changes or updates to licenses.309

(1) CHANGE OF ADDRESS. Upon receiving notice of a change of address from a310

licensee pursuant to s. 175.60(11)(b)1., Stats., the department shall update its license records311

with the new information. At the request of a licensee whose address has changed, the312

department shall issue the licensee a new license document containing the new address.313

(2) NAME CHANGE. No later than 30 days after legally changing his or her name, a314

licensee shall provide the department with written notification of the name change and shall315


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apply for a new license under the new name. The new license application must satisfy the316

requirements of s. Jus 17.04 and shall be processed by the department as a new application under317

that section. In the course of processing the new application, if the department determines that318

s. 175.60(3)(b), (c), (d), (e), (f), or (g) applies to the licensee, the department shall revoke the319

licensees previous license under s. 175.60(14)(a). If the licensee receives a new license from320

the department under this section, the licensee shall immediately deliver his or her previous321

license to the department either personally or by certified mail.322

(3) FEES.323

(a) For any license document issued under this section, the department shall charge324

the replacement fee provided in s. Jus 17.12(3).325

(b) For any background check conducted under this section, the department shall326

charge the background check fee provided in s. Jus 17.12(2).327


Jus 17.09 Administrative review after denial, suspension, or revocation.329

(1)(a) After receiving written notice of denial of a license application under330

s. Jus 17.04(2), written notice of a license revocation or suspension under s. Jus 17.07(2), or331

written notice of denial of reinstatement of a license under s. Jus 17.07(5)(b), an applicant or332

licensee may submit to the department a written petition for administrative review of the denial,333

revocation, or suspension decision. Such a petition for administrative review must be received334

by the department within 30 days after the date on which the denial, revocation, or suspension335

decision was mailed to the applicant or licensee. There is no fee for administrative review of the336

denial, revocation, or suspension of a license.337


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(b) 1. A petition for administrative review under par. (a) shall specifically identify338

any alleged errors in the decision to be reviewed and shall be accompanied by a copy of the339

decision to be reviewed and by authenticated copies of all supporting documentation that the340

applicant or licensee wishes the department to consider when conducting the review.341

2. If a petition for administrative review alleges that the department has incorrectly342

determined that s. 175.60(3)(b), (c), (d), or (e), Stats., applies to the applicant or licensee, the343

supporting materials submitted with the petition shall include proof of the identity of the344

applicant or licensee. Satisfactory proof of identity shall include a set of rolled-ink fingerprints345

of the applicant or licensee prepared by a law enforcement agency on a state or FBI fingerprint346

card. Fingerprints are not required if the petition for administrative review does not allege that347

the department has incorrectly determined that s. 175.60(3)(b), (c), (d), or (e), Stats., applies to348

the applicant or licensee.349

3. If any alleged error identified in a petition for administrative review is based on350

the existence or disposition of an apparent criminal arrest or conviction, the petition shall351

specifically identify any error in any pertinent background check records and shall be352

accompanied by authenticated copies of any court documents establishing the alleged error.353

4. If a petition for administrative review claims that the department has erroneously354

suspended a license pursuant to s. 175.60(14)(am), Stats., the supporting materials submitted355

with the petition shall include authenticated copies of any pertinent court records or other356

pertinent records.357

5. If any alleged error identified under subd. 1. is based on a claim that the applicant358

or licensee has received a pardon or has obtained relief under s. 941.29, s. 51.20(13)(cv)1m.,359


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s. 51.45(13)(i)2., s. 54.10(3)(f)2., or s. 55.12(10)(b), Stats., the petition shall be accompanied by360

authenticated copies of the pardon or court documents establishing any such relief.361

(c) 1. If the department receives a timely petition for administrative review, a review362

proceeding shall be conducted by the attorney general or the attorney generals designee. The363

review shall be based on consideration of all records in the departments possession related to the364

decision under review, including: the written notice of denial, revocation, or suspension under365

review; the petition for administrative review and any supporting documentation submitted by366

the applicant or licensee; and any other records in the departments possession related to the367

decision under review.368

2. If in the course of a review proceeding under subd. 1., the department determines369

that additional supporting documentation is needed from the applicant or licensee, the370

department shall send the applicant or licensee a written request for the additional371

documentation. While any such request is pending, the time for the department to complete the372

review proceeding under par. (d) shall be tolled and shall not begin to run again until the373

applicant or licensee has provided the requested documentation.374

(d) 1. No later than 30 days after receiving a petition for administrative review and375

supporting documentation, the attorney general or the attorney generals designee shall complete376

the review under par. (c) and shall issue a written decision on behalf of the department either377

affirming or reversing the denial, revocation, or suspension under review. The written decision378

shall include the reasons and factual basis for the departments decision and shall advise the379

applicant or licensee of the right to seek judicial review under s. 175.60(14m), Stats. The written380

decision shall be sent to the applicant or licensee by a method of shipment that provides381

confirmation of delivery, including the date of delivery.382


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2. If the written decision issued under subd. 1. affirms the denial of a license383

application, the written decision shall include notification to the applicant that any non-approval384

number previously issued remains in effect.385

3. If the written decision issued under subd. 1. affirms the revocation or suspension386

of a license, the written decision shall include notification to the licensee that the previously387

imposed revocation or suspension remains in effect.388

4. If the written decision issued under subd. 1. reverses the denial of a license389

application, the department shall withdraw any previously issued non-approval number and shall390

issue the license, assign a license number to the licensee, and promptly send the license391

document to the licensee by 1st class mail. If the department has previously received a set of392

fingerprints from the applicant, the department shall return those fingerprints to the applicant.393

5. If the written decision issued under subd. 1. reverses the revocation or suspension394

of a license, the department shall reinstate the revoked or suspended license and the written395

decision shall include notification to the licensee of such reinstatement. If the licensee has396

previously delivered the revoked or suspended license document to the department pursuant to397

s. Jus 17.07(3)(a), the department shall promptly return the reinstated license document to the398

licensee by 1st class mail. If the department has previously received a set of fingerprints from399

the licensee, the department shall return those fingerprints to the licensee.400

6. If the written decision issued under subd. 1. includes a finding that any pertinent401

background check record is erroneous or incomplete, the department shall take appropriate steps402

to correct that record.403

(e) If the written decision under par. (d)1. affirms the denial, revocation, or404

suspension of a license and the applicant or licensee does not file a timely petition for judicial405


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review under s. 175.60(14m), Stats., the department shall return to the applicant or licensee any406

set of fingerprints previously submitted to the department by the applicant or licensee.407


Jus 17.10 Emergency Licenses.409

(1) A court that is considering a petition for an emergency concealed carry license410

pursuant to s. 175.60(9r), Stats., or a court that has issued such an emergency license may ask411

the department to conduct a background check for the purpose of determining whether412

s. 175.60(3)(b), (c), (d), or (e), Stats., applies to the person requesting or holding the emergency413

license. Upon receiving such a request, the department shall conduct the background check as414

soon as reasonably practicable and shall report the results to the requesting court.415

(2) Any information that the department receives from a court regarding the issuance416

or revocation of an emergency concealed carry license under s. 175.60(9r), Stats., shall be417

entered by the department into its computerized license records and shall be available to law418

enforcement as provided in s. 175.60(12) and (12g), Stats.419


Jus 17.11 Records.421

(1) The department shall create and keep the following records related to the issuance422

and administration of concealed carry licenses under s. 175.60, Stats., the review of licensing423

decisions by the department, and the certification of firearms safety and training instructors:424

(a) All of the information submitted to the department by applicants pursuant to425

s. 175.60(7), Stats., and notes related to that information.426

(b) A record of each rejected application and the reasons for rejection and a count of427

the number of rejected applications.428


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(c) The confirmation number for each applicant.429

(d) The approval or non-approval number for each applicant on whom the department430

has conducted a background check.431

(e) The license number for each licensee to whom the department has issued a432

concealed carry license.433

(f) A log of each record search of the departments computerized license records,434

including the date or dates of the search and any confirmation number, license, number, or435

approval or non-approval number associated with the search.436

(g) Records of the cost to the department of issuing concealed carry licenses under437

s. 175.60, Stats., and this chapter.438

(h) All records that the department is required to keep by applicable state or federal439

laws.440

(2) The department may create and keep any other records reasonably necessary for441

the department to perform its responsibilities under s. 175.60, Stats., and this chapter.442


Jus 17.12 Fees.444

(1) LICENSE FEE. The license fee charged by the department pursuant to s.445

175.60(7)(c), Stats., shall be $37.446

(2) BACKGROUND CHECK FEE. The fee for any background check conducted by the447

department pursuant to s. Jus 17.04(1)(f) or s. Jus 17.07(5)(b) shall be $13.448

(3) REPLACEMENT FEE. The fee charged by the department for replacing a lost or449

destroyed license pursuant to s. 175.60(13), Stats., shall be $12.450

SECTION 14. Chapter Jus 18 is created and titled:451


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CHAPTER JUS 18: CERTIFICATION OF FORMER FEDERAL LAW452

ENFORCEMENT OFFICERS.453


Jus 18.01 Purpose. The purpose of this chapter is to establish standards and455

procedures for the issuance and administration of concealed carry certification cards to qualified456

former federal law enforcement officers pursuant to s. 175.49(3), Stats., and the review of457

certification decisions by the department.458


Jus 18.02 Applicability.460

(1) Except as provided in sub. (2), this chapter applies to the issuance and461

administration of all concealed carry certification cards issued by the department to former462

federal law enforcement officers pursuant to s. 175.49(3), Stats.463

(2) This chapter does not apply to any of the following:464

(a) Issuance or administration of a license to carry concealed weapons pursuant to465

s. 175.60, Stats.466

(b) Certification of former state or local law enforcement officers to carry concealed467

weapons pursuant to s. 175.49(2), Stats.468

(c) The carrying of concealed weapons by active law enforcement officers.469


Jus 18.03 Definitions. In this chapter:471

(1) Applicant means an individual applying for a concealed carry certification card472

pursuant to s. 175.49(3), Stats., and to whom no card has yet been issued.473


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(2) Approval number means the unique number the department assigns to an474

applicant when a completed background check on the applicant indicates that the applicant is not475

prohibited under federal law from possessing a firearm.476

(3) Background check means the review of an applicants record conducted by the477

department pursuant to s. 175.49(3)(b)4., Stats., for the purpose of determining whether the478

applicant is prohibited under federal law from possessing a firearm.479

(4) Certification card number means the unique identification number the480

department assigns to a certification card issued under s. 175.49(3), Stats.481

(5) Confirmation number means the unique number the department issues to482

identify every accepted application for a concealed carry certification card pursuant to483

s. 175.49(3), Stats.484

(6) Current and valid means that adrivers license or state identification card is not485

expired, cancelled, denied, surrendered, or voided and the holder is currently a resident of486

Wisconsin. A drivers license is current and valid even if the holders motor vehicle operating487

privilege is revoked, suspended, or disqualified, as long as the card is not expired, cancelled,488

denied, surrendered, or voided, and the holder is a resident of Wisconsin.489

(7) Department means the Wisconsin department of justice.490

(8) FBI means the federal bureau of investigation.491

(9) Non-approval number means the unique number the department assigns to an492

applicant when a completed background check on the applicant indicates that the applicant is493

prohibited under federal law from possessing a firearm.494

(10) Record means the records associated with an applicant or holder of a495

certification card that are available for the department to search when conducting a background496


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check pursuant to s. 175.49(3)(b)4., Stats., including court records, state criminal history records,497

and national criminal history records maintained by the FBI.498

(11) Search means a systematic inspection by the department of the record of an499

applicant or holder of a certification card.500

(12) Weapon has the meaning given in s. 175.60(1)(j), Stats.501


Jus 18.04 Application procedures for concealed carry certification cards.503

(1) When the department receives an application for a concealed carry certification504

card for a former federal law enforcement officer pursuant to s. 175.49(3), Stats., the department505

shall do the following in the sequence listed:506

(a) 1. Review the application for completeness. An application is complete when the507

department has received the following:508

a. A signed and fully completed application form, DJ-LE-286.509

b. Acceptable proof of firearms qualification, as provided in s. Jus 18.05.510

c. The application fee required under s. Jus 18.10.511

d. A current photograph meeting the content and format requirements set forth in the512

instructions of the application form, DJ-LE-286.513

e. A written statement from the federal law enforcement agency from which the514

applicant separated from service affirming that the applicant meets the requirements of515

s. 175.49(3)(b)1., 2., and 3., Stats. The department shall prepare and make available on its516

Internet site a statement form that may be used for this purpose.517

2. If an application is complete, the department shall proceed under par. (b). If an518

application is incomplete, the department shall reject it and shall send written notice of the519


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rejection to the applicant at the residence address provided by the applicant in the application520

form. The notice of rejection shall explain why the application was found to be incomplete and521

what must be submitted to complete the application.522

(b) Confirm that the state identification card number submitted by the applicant523

corresponds to a drivers license or state identification card that is current and valid, as defined in524

s. Jus 18.03(6). If the applicants drivers license or state identification card is current and valid,525

the department shall proceed under par. (c). If the applicants drivers license or state526

identification card is not current and valid, the department shall deny the application and proceed527

under sub. (2).528

(c) Review the written affirmation from the federal law enforcement agency from529

which the applicant separated from service to determine whether the applicant meets the530

requirements of s. 175.49(3)(b)1., 2., and 3., Stats. If the applicant meets the requirements of531

s. 175.49(3)(b)1., 2., and 3., Stats., the department shall proceed under par. (d). If the applicant532

does not meet the requirements of s. 175.49(3)(b)1., 2., and 3., Stats., the department shall deny533

the application and proceed under sub. (2).534

(d) Review the proof of firearms qualification submitted by the applicant for535

compliance with the requirements of s. 175.49(3)(b)5., Stats., and s. Jus 18.05. If the proof of536

firearms qualification meets those requirements, the department shall proceed under par. (e). If537

the proof of firearms qualification does not meet those requirements, the department shall deny538

the application and proceed under sub. (2).539

(e) Enter the application data into the departments record keeping system and assign540

the applicant a confirmation number.541


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(f) Conduct a background check of the applicant pursuant to s. 175.49(3)(b)4., Stats.,542

for the purpose of determining whether the applicant is prohibited under federal law from543

possessing a firearm. If the applicant is not prohibited by federal law from possessing a firearm,544

the department shall issue a certification card to the applicant, assign a certification card number,545

and promptly send the certification card to the applicant by 1st class mail. If the applicant is546

prohibited by federal law from possessing a firearm, the department shall deny the application547

and proceed under sub. (2).548

(2) If an application is denied under sub. (1), the department shall inform the549

applicant in writing of the denial, stating the reasons and factual basis for the denial decision.550

The written notice of denial shall be accompanied by a copy of any background check records551

that are pertinent to the denial decision. The written notice of denial shall also advise the552

applicant of the right to seek administrative review of the denial decision under s. Jus 18.08.553


Jus 18.05 Proof of firearms qualification.555

Acceptable proof that an applicant has satisfied the firearms qualification requirement of556

s. 175.49(3)(b)5., Stats., shall consist of a certificate that is signed by a law enforcement firearms557

instructor who is certified by the law enforcement standards board. The certificate shall be in a558

form approved and supplied by the department and shall contain all of the following:559

(1) The applicants name.560

(2) The full name, address, and telephone number of the certified law enforcement561

firearms instructor.562

(3) An affirmation by the certified law enforcement firearms instructor that he or she563

has found the applicant to meet the qualification standards established by the state of Wisconsin564


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or by a law enforcement agency in Wisconsin for an active law enforcement officer to carry a565

firearm of the type specified in the application form submitted by the applicant under566

s. Jus 18.04.567

(4) The date on which the finding under sub. (3) was made.568


Jus 18.06 Revocation of a concealed carry certification card.570

(1) If the department at any time obtains information establishing that an individual571

who holds a concealed carry certification card under this chapter is prohibited by federal law572

from possessing a firearm, the department shall revoke the certification card and shall send the573

individual written notice of revocation. The notice shall include a statement of the reasons and574

factual basis for the revocation and shall be accompanied by a copy of any pertinent records575

supporting the revocation. The notice shall also advise the individual of the right to seek576

administrative review of the revocation pursuant to s. Jus 18.08.577

(2) Any notice of revocation issued by the department under sub. (1) shall instruct the578

individual whose certification card has been revoked to do one of the following within 7 days:579

(a) Deliver the revoked certification card to the department either personally or by580

certified mail.581

(b) Mail to the department a signed statement indicating that the individual no longer582

has possession of the revoked certification card and explaining the reasons why he or she no583

longer has possession.584

(3) Any revocation of a certification card under this section shall take effect on the585

date on which the notice of revocation is issued by the department.586


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(4) If an individual whose concealed carry certification card has been properly587

revoked by the department pursuant to this section wishes to again obtain a concealed carry588

certification card pursuant to s. 175.49(3), Stats., the individual must apply for a new589

certification card pursuant to s. Jus 18.04 and must satisfy all requirements of that section,590

including the payment of all applicable fees.591


Jus 18.07 Changes or updates to certification cards.593

(1) CHANGE OF ADDRESS. Any individual who holds a concealed carry certification594

card under this chapter shall provide the department with written notification of any change in595

his or her address within 30 days of the address change. Upon receiving such notice, the596

department shall update its records with the new information. At the request of the individual597

whose address has changed, the department shall issue the individual a new certification card598

containing the new address.599

(2) NAME CHANGE. No later than 30 days after legally changing his or her name, an600

individual who holds a concealed carry certification card under this chapter shall provide the601

department with written notification of the name change and shall apply for a new certification602

card under the new name. The new application must satisfy the requirements of s. Jus 18.04 and603

shall be processed by the department as a new application under that section. In the course of604

processing the new application, if the department determines that the individual is prohibited605

under federal law from possessing a firearm, the department shall revoke the individuals606

previous certification card under s. Jus 18.06(1). If an individual receives a new certification607

card from the department under this section, the individual shall immediately deliver his or her608

previous certification card to the department either personally or by certified mail.609


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(3) FEES.610

(a) For any license document issued under this section, the department shall charge611

the replacement fee provided in s. Jus 18.10.612

(b) For any background check conducted under this section, the department shall613

charge the background check fee provided in s. Jus 18.10.614


Jus 18.08 Administrative review after denial or revocation of a concealed carry616

certification card.617

(1)(a) After receiving written notice of denial of an application for a concealed carry618

certification card under s. Jus 18.04 or written notice of a revocation of a certification card under619

s. Jus 18.06, an individual may submit to the department a written petition for administrative620

review of the denial or revocation. Such a petition for administrative review must be received by621

the department within 30 days after the date on which the written notice of denial or revocation622

was mailed to the individual by the department.623

(b) 1. A petition for administrative review under par. (a) shall specifically identify624

any alleged errors in the decision to be reviewed and shall be accompanied by a copy of the625

decision to be reviewed and by properly authenticated copies of all supporting documentation626

that the petitioner wishes the department to consider when conducting the review.627

2. If a petition for review challenges a finding by the department that the petitioner628

is prohibited by federal law from possessing a firearm, the supporting documentation submitted629

by the petitioner shall include proof of the petitioners identity. Satisfactory proof of identity630

shall include a set of rolled-ink fingerprints of the petitioner prepared by a law enforcement631

agency on a state or FBI fingerprint card.632


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(c) If the department receives a timely petition for administrative review, a review633

proceeding shall be conducted by the attorney general or the attorney general s designee. The634

review shall be based on consideration of all records in the departments possession related to the635

decision under review, including: the written notice of denial or revocation under review; the636

petition for administrative review; any supporting documentation submitted by the petitioner;637

and any other records in the departments possession related to the decision under review.638

(d) 1. Upon completing the review under par. (c), the attorney general or the attorney639

generals designee shall issue a written decision on behalf of the department either affirming or640

reversing the denial or revocation under review. The written decision shall include the reasons641

and factual basis for the departments decision and shall advise the petitioner of the right to seek642

judicial review under ch. 227, Stats. The written decision shall be sent to the applicant or643

licensee by a method of shipment that provides confirmation of delivery, including the date of644

delivery.645

2. If the written decision issued under subd. 1. affirms the denial or revocation of a646

certification card, the written decision shall include notification to the petitioner that the647

previously imposed denial or revocation, including any non-approval number, remains in effect.648

3. If the written decision issued under subd. 1. reverses the denial of an application649

for a certification card, the department shall withdraw any previously issued non-approval650

number and shall issue a certification card to the petitioner, assign a certification card number,651

and promptly send the certification card to the petitioner by 1st class mail. If the department has652

previously received a set of fingerprints from the petitioner, the department shall return those653

fingerprints to the petitioner.654


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4. If the written decision issued under subd. 1. reverses the revocation of a655

certification card, the department shall reinstate the revoked certification and the written decision656

shall include notification to the petitioner of such reinstatement. If the petitioner has previously657

delivered the revoked certification card to the department pursuant to s. Jus 18.06(2)(a), the658

department shall promptly return the reinstated certification card to the petitioner by 1st class659

mail. If the department has previously received a set of fingerprints from the petitioner, the660

department shall return those fingerprints to the petitioner.661

(e) If the written decision under par. (d)1. affirms the denial or revocation of a662

certification card and the petitioner does not file a timely petition for judicial review under663

s. 227.53, Stats., the department shall return to the petitioner any set of fingerprints previously664

submitted to the department by the petitioner.665


Jus 18.09 Records.667

(1) The department shall create and keep the following records related to the issuance668

and administration of concealed carry certification cards pursuant to s. 175.49(3) and (4), Stats.,669

and the review of certification decisions by the department:670

(a) All of the information submitted to the department by applicants pursuant to671

s. Jus 18.04 and notes related to that information.672

(b) A record of each rejected application and the reasons for rejection and a count of673

the number of rejected applications.674

(c) The confirmation number for each applicant.675

(d) The approval or non-approval number for each applicant on whom the department676

has conducted a background check.677


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(e) The certification card number for each certification card issued by the department.678

(f) A log of each record search of the departments computerized records related to679

concealed carry certifications, including the date or dates of the search and any confirmation680

number, certification card number, or approval or non-approval number associated with the681

search.682

(g) Records of the cost to the department of issuing certification cards under683

s. 175.49, Stats., and this chapter.684

(h) All records that the department is required to keep by applicable state or federal685

laws.686

(2) The department may create and keep any other records reasonably necessary for687

the department to perform its responsibilities under s. 175.49, Stats., and this chapter.688


Jus 18.10 Fees.690

(1) APPLICATION FEE.691

(a) The certification card application fee charged by the department pursuant to692

s. Jus 18.04(1)(a)1.c. shall be $12.693

(b) The department shall annually review the cost of issuing certification cards under694

s. 175.49, Stats., and this chapter. If the cost of issuing a certification card is less than the695

current application fee, the department shall reduce the application fee to equal the cost of696

issuing a certification card.697

(2) BACKGROUND CHECK FEE. The fee for any background check conducted by the698

department pursuant to this chapter shall be $13.699


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(3) RENEWAL OR REPLACEMENT FEE. The fee charged by the department for renewing700

a certification card or for replacing a lost or destroyed certification card shall be $12.701

SECTION 25. EFFECTIVE DATE. These rules shall take effect on November 1, 2011.702

Dated this ____ day of _____________, 2011.

WISCONSIN DEPARTMENT OF JUSTICE

By: ____________________________________J.B. Van Hollen, Attorney General

Documents

Attorney General rules on concealed carry licenses